1
Compensation standard of medical expenses
Refers to the treatment costs and inevitable treatment costs caused by traffic accidents.
According to the receipt of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. According to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
Legal basis: Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
2
Compensation standard of disability compensation
The per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the court of appeal is located × 100%×20 years.
Legal basis: Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
three
Compensation standard for mental damage
According to the degree of fault of the infringer, the consequences of the infringement and the average living standard of the court.
Legal basis: Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts.
four
Compensation standard for lost time
My daily wage × days of absenteeism
Among them, the lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
Legal basis: Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
five
Compensation standard of nursing expenses
Daily nursing fee (daily salary of nursing staff or remuneration of local nursing staff at the same level) × number of nursing days × number of nursing staff.
Among them, if the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
Legal basis: Article 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
six
Compensation standard of hospitalization food subsidy
Food allowance standard for general staff of local state organs × hospitalization days
Legal basis: Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
seven
Nutrition fee compensation standard
According to the opinions of strengthening nutrition in medical institutions, determine the amount × days of strengthening nutrition.
Legal basis: Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
eight
Compensation standard for living expenses of dependents
Where the Court of Appeal is located, the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents in the previous year ×× years to be raised × 100%.
Legal basis: Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.
nine
Transportation cost compensation standard
Reasonable transportation expenses should be calculated by invoice.
10
Appraisal fee compensation standard
Traffic accident disability appraisal fee shall be calculated by invoice.
end
Matters needing attention
The fifth item of the above-mentioned nursing expenses, the degree of dependence on life care for the first-class disabled in traffic accidents, is generally judged by judicial appraisal to be completely unable to take care of themselves. The nursing period is calculated as 20 years at most, and the compensation ratio is decided by the judge, which is generally 100%. Taking 20 12 years in Hefei, Anhui as an example, the living nursing fee is 87 yuan/day × 365 days× 20 years × 100% = 635 100 yuan.
Due to different income levels, the total compensation costs in different regions are also different. Take 20 12 Anhui province as an example. Last year, the per capita disposable income of urban residents was 18606 yuan, and the per capita net income of rural residents was 6232 yuan, excluding maintenance fees and medical expenses. If you have nursing dependence, you can get compensation of about1250,000 yuan according to urban standards, and about 65,438+10,000 yuan according to rural standards.